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Presbyterian  Church    in   the 

U.S.A. 
The    revised   book   ol 


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THE 


Revised  Book  of  Discipline 


THE  PRESBYTERIAN  CHURCH  IN  THE  UNITED 
STATES  OF  AMERICA, 

■WITH  THE 

Revision  of  Chapter  X.  of  the  Directory  for  Worship, 


AS  ADOPTED  BY  THE  PRESBYTERIES,  AND  REPORTED 
TO  AND  RATIFIED  BY  THE  GENERAL  ASSEMBLY. 


EDITED,  WITH  AN  INDEX, 

BY  THE 
STATED  CLERK, 

REV.  WILLIAM  H.  ROBERTS,  D.  D. 


PHILADELPHIA. 

PRESBYTERIAN   BOARD  OF  PUBLICATION, 

No.  1334  Chestnut  Street. 

1885. 


BOOK  II. 
OF  DISCIPLINE. 

[As  Katified  by  the  General  Assembly,  1884-85.] 


CHAPTER  I. 

OF   DISCIPLINE:    ITS   NATUKE,   ENDS   AND   SUBJECTS. 

1.  Discipline  is  the  exercise  of  that  au- 
thority, and  the  application  of  that  system  of 
laws,  which  the  Lord  Jesus  Christ  has  ap- 
pointed in  his  Church ;  embracing  the  care 
and  control,  maintained  by  the  Church,  over 
its  members,  officers  and  judicatories. 

2.  The  ends  of  Discipline  are  the  mainte- 
nance of  the  truth,  the  vindication  of  the  au- 
thority and  honor  of  Christ,  the  removal  of 
oifences,  the  promotion  of  the  purity  and  edi- 
fication of  the  Church,  and  the  spirttual  good 
of  offenders.  Its  exercise,  in  such  a  manner 
as  to  secure  its  appropriate  ends,  requires 
much  prudence  and  discretion.  Judicatories, 
therefore,  should  take  into  consideration  all 
the  circumstances  which  may  give  a  different 
character  to  conduct,  and  render  it  more  or 
less  offensive ;  and  which  may  require  differ- 
ent action,  in  similar  cases,  at  different  times, 
for  the  attainment  of  the  same  ends. 

(400) 


DISCIPLINE.  461 

3.  An  offence  is  anything,  in  the  doctrine, 
principles  or  practice  of  a  church  member, 
officer  or  judicatory,  which  is  contrary  to  the 
Word  of  God ;  or  which,  if  it  be  not  in  its 
own  nature  sinful,  may  tempt  others  to  sin, 
or  mar  their  spiritual  edification. 

4.  Nothing  shall,  therefore,  be  the  object 
of  judicial  process,  which  cannot  be  proved 
to  be  contrary  to  the  Holy  Scriptures,  or  to 
the  regulations  and  practice  of  the  Church 
founded  thereon ;  nor  anything  which  does 
not  involve  those  evils  which  Discipline  is 
intended  to  prevent. 

5.  All  children  born  within  the  pale  of  the 
visible  Church  are  members  of  the  Church, 
are  to  be  baptized,  are  under  the  care  of  the 
Church,  and  subject  to  its  government  and 
discipline,  and  when  they  have  arrived  at 
years  of  discretion,  they  are  bound  to  perform 
all  the  duties  of  church  members. 


CHAPTER   II. 

OF  THE   PARTIES  IN   CASES  OF  PROCESS. 

6.  Process  against  an  alleged  offender  shall 
not  be  commenced  unless  some  person  under- 
takes to  sustain  the  charge;  or  unless  a  ju- 
dicatory finds  it  necessary  for  the  ends  of  dis- 
cipline to  investigate  the  alleged  offence. 

7.  An  offence,  gross   in    itself,   may  have 

.39* 


462  DISCIPLINE. 

been  committed  in  such  circumstances,  that 
plainly  the  offender  cannot  be  prosecuted  to 
conviction.  In  all  such  cases,  it  is  better  to 
wait  until  God,  in  his  righteous  providence, 
shall  give  further  light,  than,  by  unavailing 
prosecution,  to  weaken  the  force  of  discipline. 

8.  No  prosecution  shall  be  allowed  in  a 
case  of  alleged  personal  injury,  where  the  in- 
jured party  is  the  prosecutor,  unless  those 
means  of  reconciliation  have  been  tried,  which 
are  required  by  our  Lord,  Matthew  xviii.  15 
-17:  *' If  thy  brother  shall  trespass  against 
thee,  go  and  tell  him  his  fault  between  thee 
and  him  alone;  if  he  shall  hear  thee,  thou 
hast  gained  thy  brother.  But  if  he  w'ill  not 
hear  thee,  then  take  with  thee  one  or  two 
more,  that  in  the  mouth  of  two  or  three  wit- 
nesses every  word  may  be  established.  And 
if  he  shall  neglect  to  liear  them,  tell  it  unto 
the  Church." 

9.  The  course  prescribed  by  the  preceding 
section  shall  not  be  required  when  the  prose- 
cution is  initiated  by  a  judicatory  ;  but  in  all 
such  cases,  and  in  every  case  of  prosecution 
by  a  private  person  other  tiian  the  injured 
party,  effort  should  be  made,  by  jirivate  con- 
ference with  the  accused,  to  avoid,  if  possible, 
the  necessity  of  actual  process. 

10.  When  the  prosecution  is  initiated  by  a 
judicatory,  the  Pkesbyterian  Church  in 
THE  United  States  of  America  shall  be 
the  prosecutor,  and  an  original  party;  in  all 


DISCIPLINE.  463 

other  cases,  the  individual  prosecutor  shall  be 
an  original  party. 

11.  Wiien  the  prosecution  is  initiated  by  a 
judicatory,  it  shall  appoint  one  or  more  of  its 
own  members  a  Committee  to  conduct  the 
prosecution  in  all  its  stages  in  whatever  judi- 
catory, until  the  final  issue  be  reached :  jjro- 
vkled,  that  any  appellate  judicatory  before 
which  the  case  is  pending  shall,  if  desired  by 
the  prosecuting  committee,  appoint  one  or 
more  of  its  own  members  to  assist  in  the 
prosecution,  upon  the  nomination  of  the  pros- 
ecuting committee. 

12.  If  one,  who  considers  himself  slan- 
dered, requests  an  investigation  which  a  judi- 
catory finds  it  proper  to  institute,  one  or  more 
of  its  members  shall  be  appointed  to  investi- 
gate the  alleged  slander,  and  make  report  in 
writing:  and  a  record  thereafter  made  may 
conclude  the  matter. 

13.  Great  caution  ought  to  be  exercised  in 
receiving  accusations  from  any  person  who  is 
known  to  indulge  a  malignant  spirit  toward 
the  accused,  or  who  is  not  of  good  character, 
or  who  is  himself  under  censure  or  process, 
or  who  is  personally  interested  in  any  respect 
in  the  conviction  of  the  accused,  or  who  is 
known  to  be  litigious,  rash  or  highly  im- 
prudent. 

14.  Any  person  who  appears  as  a  prose- 
cutor, without  appointment  by  the  judicatory, 
shall  be  warned    before   the  charges  are  pre- 


464  DISCIPLINE. 

sented  that,  if  he  fail  to  show  probable  cause 
for  the  charges,  he  must  himself  be  censured, 
as  a  slanderer  of  the  brethren,  in  proportion 
to  the  malignancy  or  rashness  which  may  ap- 
pear in  the  prosecution. 


CHAPTER  III. 

OF   CHARGES  AND   SPECIFICATIONS. 

15.  The  charge  shall  set  forth  the  alleged 
offence ;  and  the  specifications  shall  set  forth 
the  facts  relied  upon  to  sustain  the  charge. 
Each  specification  shall  declare,  as  far  as  pos- 
sible, the  time,  place,  and  circumstances,  and 
shall  be  accompanied  with  the  names  of  the 
witnesses  to  be  cited  for  its  support. 

16.  A  charge  shall  not  allege  more  than 
one  offence ;  several  charges  against  the  same 
person,  however,  with  the  specifications  under 
each  of  them,  may  be  presented  to  the  judica- 
tory at  one  and  the  same  time,  and  may,  in 
the  discretion  of  the  judicatory,  be  tried  to- 
gether. But,  when  several  charges  are  tried 
at  the  same  time,  a  vote  on  each  charge  must 
be  separately  taken. 

17.  In  all  cases  of  alleged  personal  injury, 
where  the  prosecution  is  by  the  injured  per- 
son or  persons,  the  charge  must  be  accom- 
panied by  an  averment,  that  the  course  pre- 
scribed by  our  Lord,  Matt,  xviii.  15-17,  has 
been  faithfully  tried. 


DISCIPLINE.  465 


CHAPTER   IV. 

OF   PROCESS:   GENERAL  RULES  PERTAINING  TO   ALL 
CASES. 

18.  Oeiginal  jurisdiction,  in  relation  to 
Ministers,  pertains  to  the  Presbytery ;  in  rela- 
tion to  others,  to  the  Session.  But  the  higher 
judicatories  may  institute  process  in  cases  in 
which  the  lower  have  been  directed  so  to  do, 
and  have  refused  or  neglected  to  obey. 

19.  When  a  judicatory  enters  on  the  con- 
sideration of  an  alleged  offence,  the  charge  and 
specifications,  which  shall  be  in  writing,  shall 
be  read ;  and  nothing  more  shall  be  done  at  that 
meeting,  unless  by  consent  of  parties,  than  to 
furnish  the  accused  with  a  copy  of  the  charge 
and  specifications,  together  with  the  names 
of  all  the  witnesses  then  known  to  support 
each  specification ;  and  to  cite  all  concerned 
to  appear  at  a  subsequent  meeting  of  the  judi- 
catory, to  be  held  not  less  than  ten  days  after 
the  service  of  the  citations.  The  citations 
shall  be  signed,  in  the  name  of  the  judicatory, 
by  the  Moderator,  or  Clerk ;  who  shall,  also, 
furnish  citations  for  such  witnesses  as  either 
party  shall  name.  The  accused  shall  not  be 
required  to  disclose  the  names  of  his  wit- 
nesses. 

20.  Citations  shall  be  served  personally, 
unless  the  person  to  be  cited  cannot  be  found, 
in  which  case  the  citation  shall  be  sent  to  his 


466  DISCIPLINE. 

last  known  place  of  residence;  and,  before 
proceeding  to  trial,  it  must  appear  that  the 
citations  have  been  served. 

21.  If  an  accused  person  refuses  to  obey  a 
citation,  a  second  citation  shall  issue,  accom- 
panied by  a  notice  that,  if  he  do  not  appear 
at  the  time  appointed,  unless  providentially 
hindered,  he  will  be  censured  for  his  contu- 
macy, according  to  the  subsequent  provisions 
of  the  Book  of  Discipline.  (See  Sections  33, 
38  and  46.)  If  he  does  not  then  appear,  the 
judicatory  may  proceed  to  trial  and  judgment 
in  his  absence ;  in  which  case  it  shall  appoint 
some  person  to  represent  him  as  counsel.  The 
time  allowed  for  his  appearance,  on  any  cita- 
tion subsequent  to  the  first,  shall  be  deter- 
mined by  the  judicatory,  with  proper  regard 
for  all  the  circumstances.  The  same  rule,  as 
to  the  time  allowed  for  appearance,  shall  ap- 
ply to  all  witnesses  cited  at  the  request  of 
either  party. 

22.  At  the  meeting  at  which  the  citations 
are  returnable,  the  accused  shall  appear,  or, 
if  unable  to  be  present,  may  aj)pear  by  coun- 
sel. He  may  file  objections  to  the  regularity 
of  the  organization,  or  to  the  jurisdiction  of 
the  judicatory,  or  to  the  sufficiency  of  the 
charges  and  specifications  in  form  or  in  legal 
effect,  or  any  other  substantial  objection  affect- 
ing the  order  or  regularity  of  the  proceeding, 
on  which  objections  the  parties  shall  be  heard. 
The  judicatory  upon  the  filing  such  objections 


DISCIPLINE.  467 

shall,  or  on  its  own  motion  may,  determine 
all  such  preliminary  objections,  and  may  dis- 
miss the  case,  or  permit,  in  the  furtherance 
of  justice,  amendments  to  the  specifications  or 
charges  not  changing  the  general  nature  of 
the  same.  If  the  proceedings  be  found  in 
order,  and  the  charges  and  specifications  be 
considered  sufficient  to  put  the  accused  on  his 
defence,  he  shall  plead  "guilty,"  or  "not 
guilty,"  to  the  same,  which  shall  be  entered 
on  the  record.  If  the  plea  be  "  guilty,"  the 
judicatory  shall  proceed  to  judgment;  but  if 
the  plea  be  "  not  guilty,"  or  if  the  accused  de- 
cline to  answer,  a  plea  of  "  not  guilty"  shall 
be  entered  of  record  and  the  trial  proceed. 

23.  The  witnesses  shall  be  examined,  and, 
if  desired,  cross-examined,  and  any  other  com- 
petent evidence  introduced,  at  a  meeting  of 
which  the  accused  shall  be  properly  notified ; 
after  which  new  witnesses  and  other  evidence, 
in  rebuttal  only,  may  be  introduced  by  either 
party.  But  evidence,  discovered  during  the 
progress  of  the  trial,  may  be  admitted,  in  be- 
half of  either  party,  under  such  regulations, 
as  to  notice  of  the  names  of  witnesses  and  the 
nature  of  the  proof,  as  the  judicatory  shall 
deem  reasonable  and  proper;  and  then  the 
parties  tliemselves  shall  be  heard.  The  judi- 
catory shall  then  go  into  private  session — the 
parties,  their  counsel  and  all  other  persons 
not  members  of  the  body  being  excluded ; 
when,  after  careful  deliberation,  the  judicatory 


468  DISCIPLINE. 

shall  proceed  to  vote  on  each  specification  and 
on  each  charge  separately,  and  judgment  shall 
be  entered  accordingly. 

24.  The  charge  and  S])ecifications,  the  plea 
and  the  judgment,  shall  be  entered  on  the 
minutes  of  the  judicatory.  The  minutes  shall 
also  exhibit  all  the  acts  and  orders  of  the  ju- 
dicatory relating  to  the  case,  with  the  reasons 
therefor,  together  with  the  notice  of  appeal, 
and  the  reasons  therefor,  if  any  shall  have 
been  filed ;  all  which,  together  with  the  evi- 
dence in  the  case  duly  filed  and  authenticated 
by  the  Clerk  of  the  judicatory,  shall  consti- 
tute the  record  of  the  case ;  and,  in  case  of  a 
removal  thereof  by  appeal,  the  lower  judica- 
tory shall  transmit  the  record  to  the  higher. 
Nothing  which  is  not  contained  in  the  record 
shall  be  taken  into  consideration  in  the  higher 
judicatory. 

25.  Exceptions  may  be  taken  by  either  of 
the  original  parties  in  a  trial,  to  any  part  of 
the  proceedings,  except  in  the  judicatory  of  last 
resort,  and  shall  be  entered  on  the  record. 

26.  No  professional  counsel  shall  be  per- 
mitted to  appear  and  plead  in  cases  of  process 
in  any  of  our  ecclesiastical  judicatories.  But 
if  any  accused  person  feel  unable  to  represent 
and  plead  his  own  cause  to  advantage,  he  may 
request  any  minister  or  elder,  belonging  to 
the  judicatory  before  which  he  appears,  to 
prepare  and  exhibit  his  cause  as  he  may  judge 
proper.    But  the  minister  or  elder  so  engaged 


DISCIPLINE.  469 

shall  not  be  allowed,  after  pleading  the  cause 
of  the  accused,  to  sit  in  judgment  as  a  mem- 
ber of  the  judicatory. 

27.  Questions  as  to  order  or  evidence,  aris- 
ing in  the  course  of  a  trial,  shall,  after  the 
parties  have  had  an  opportunity  to  be  heard, 
be  decided  by  the  Moderator,  subject  to  ap- 
peal ;  and  the  question  on  the  appeal  shall  be 
determined  without  debate.  All  such  de- 
cisions, if  desired  by  either  party,  shall  be 
entered  upon  the  record  of  the  case. 

28.  No  member  of  a  judicatory,  who  has 
not  been  present  during  the  whole  of  a  trial, 
shall  be  allowed  to  vote  on  any  question  aris- 
ing therein,  except  by  unanimous  consent  of 
the  judicatory  and  of  the  parties;  and,  when 
a  trial  is  in  progress,  except  in  an  appellate 
judicatory,  the  roll  shall  be  called  after  each 
recess  and  adjournment,  and  the  names  of  the 
absentees  shall  be  noted. 

29.  The  parties  shall  be  allowed  copies  of 
the  record  at  their  own  expense ;  and,  on  the 
final  disposition  of  a  case  in  a  higher  judica- 
tory, the  record  of  the  case,  with  the  judg- 
ment, shall  be  transmitted  to  the  judicatory 
in  which  the  case  originated. 

30.  In  the  infliction  and  removal  of  church 
censures,  judicatories  shall  observe  the  modes 
j)rescribed  in  Chapter  X.  of  the  Directory  for 
Worship. 

31.  In  all  cases  of  judicial  process,  the  ju- 
dicatory may,  at  any  stage  of  the  case,  deter- 

40 


470  DISCIPLINE. 

mine,  by  a  vote  of  two-thirds,  to   sit  with 
closed  doors. 

32.  A  judicatory  may,  if  the  edification  of 
the  Church  demands  it,  require  an  accused 
person  to  refrain  from  approaching  the  Lord's 
Table,  or  from  the  exercise  of  office,  or  both, 
until  final  action  in  the  case  shall  be  taken  : 
provided,  that  in  all  cases  a  speedy  investiga- 
tion or  trial  shall  be  had. 


CHAPTER  V. 

SPECIAL   RULES  PERTAINING   TO   CASES  BEFORE   SES- 
SIONS. 

33.  When  an  accused  person  has  been 
twice  duly  cited,  and  refuses  to  appear,  by 
himself  or  counsel,  before  a  Session,  or,  ap- 
pearing, refuses  to  answer  the  charge  brought 
against  him,  he  shall  be  suspended,  by  act  of 
Session,  from  the  communion  of  the  Church, 
and  shall  so  remain  until  he  repents  of  his 
contumacy,  and  submits  himself  to  the  orders 
of  the  judicatory. 

34.  The  censures  to  be  inflicted  by  the  Ses- 
sion are,  Admonition,  Rebuke,  Suspension  or 
Deposition  from  office.  Suspension  from  the 
communion  of  the  Church,  and,  in  the  case 
of  offenders  who  will  not  be  reclaimed  by 
milder  measures,  Excommunication. 

35.  The  sentence  shall  be  published,  if  at 


DISCIPLINE.  471 

all,  only  in  the  Church   or  Churches  which 
have  been  offended. 


CHAPTER   VI. 

GENERAL  RULES  PERTAINING  TO  THE  TRIAL  OF   A 
MINISTER,   ELDER,   OR  DEACON. 

36.  As  the  honor  and  success  of  the  gospel 
depend,  in  a  great  measure,  on  the  character 
of  its  Ministers,  each  Presbytery  ought,  with 
the  greatest  care  and  impartiality,  to  watch 
over  their  personal  and  professional  conduct. 
But  as,  on  the  one  hand,  no  Minister  ought, 
on  account  of  his  office,  to  be  screened  from 
the  hand  of  justice,  or  his  offences  to  be  slight- 
ly censured,  so  neither  ought  charges  to  be 
received  against  him  on  slight  grounds. 

37.  If  a  Minister  be  accused  of  an  offence, 
at  such  a  distance  from  his  usual  place  of  resi- 
dence as  that  it  is  not  likely  to  become  other- 
wise known  to  his  Presbytery,  it  shall  be  the 
duty  of  the  Presbytery  within  whose  bounds 
the  offence  is  alleged  to  have  been  committed, 
if  it  shall  be  satisfied  that  there  is  probable 
ground  for  the  accusation,  to  notify  his  Pres- 
bytery thereof,  and  of  the  nature  of  the  of- 
fence ;  and  his  Presbytery,  on  receiving  such 
notice,  shall,  if  it  appears  that  the  honor  of 
religion  requires  it,  proceed  to  the  trial  of  the 
case. 

38.  If  a  Minister  accused  of  an  offence  re- 


472:  DISCIPLINE. 

fuses  to  appear  by  himself  or  counsel,  after 
being  twice  duly  cited,  he  shall,  for  his  con- 
tumacy, be  suspended  from  his  office ;  and  if, 
after  another  citation,  he  refuses  to  appear  by 
himself  or  counsel,  he  shall  be  suspended  from 
the  communion  of  the  Church. 

39.  If  a  judicatory  so  decides,  a  member 
shall  not  be  allowed,  while  charges  are  pend- 
ing against  him,  to  deliberate  or  vote  on  any 
question. 

40.  If  the  accused  be  found  guilty,  he  shall 
be  admonished,  rebuked,  suspended  or  de- 
posed from  office  (with  or  without  suspension 
from  church  privileges,  in  either  case),  or  ex- 
communicated. A  Minister,  suspended  from 
office,  may,  at  the  expiration  of  one  year,  un- 
less he  gives  satisfactory  evidence  of  repent- 
ance, be  deposed  without  further  trial. 

41.  Heresy  and  schism  may  be  of  such  a 
nature  as  to  call  for  deposition ;  but  errors 
ought  to  be  carefully  considered,  whether  they 
strike  at  the  vitals  of  religion  and  are  indus- 
triously spread,  or  whether  they  arise  from 
the  weakness  of  the  human  understanding, 
and  are  not  likely  to  do  much  injury. 

42.  If  the  Presbytery  finds,  on  trial,  that 
the  matter  complained  of  amounts  to  no  more 
than  such  acts  of  infirmity  as  may  be  amend- 
ed and  the  people  satisfied,  so  that  little  or 
nothing  remains  to  hinder  the  usefulness  of 
the  offender,  it  shall  take  all  prudent  measures 
to  remove  the  evil. 


DISCIPLINE.  473 

43.  A  Minister  deposed  for  immoral  con- 
duct shall  not  be  restored,  even  on  the  deep- 
est sorrow  for  his  sin,  until  after  some  con- 
siderable time  of  eminent  and  exemplary, 
humble  and  edifying  conduct ;  and  he  ought 
in  no  case  to  be  restored,  until  it  shall  clearly 
appear  to  the  judicatory,  within  whose  bounds 
he  resides,  that  the  restoration  can  be  effected 
without  injury  to  the  cause  of  religion ;  and 
then  only  by  the  judicatory  inflicting  the  cen- 
sure, or  with  its  advice  and  consent. 

44.  If  a  Minister  is  deposed  without  ex- 
communication, his  pulpit,  if  he  is  a  Pastor, 
shall  be  declared  vacant ;  and  the  Presbytery 
shall  give  iiim  a  letter  to  any  church  with 
which  he  may  desire  to  connect  himself  where 
his  lot  may  be  cast,  in  which  shall  be  stated 
his  exact  relation  to  the  Cliurch.  If  a  Pastor 
is  suspended  from  office  only,  the  Presbytery 
may,  if  no  appeal  from  the  sentence  of  sus- 
pension is  pending,  declare  his  pulpit  vacant. 

45.  A  Presbytery  may,  if  the  edification 
of  the  Church  demand  it,  require  an  accused 
Minister  to  refrain  from  the  exercise  of  his 
office  until  final  action  in  the  case  shall  be 
taken :  provided^  that  in  all  cases  a  speedy  in- 
vestigation or  trial  shall  be  had. 

46.  In  process  by  a  Session  against  a  ruling 
elder  or  a  deacon,  the  provisions  of  this  chap- 
ter, so  far  as  applicable,  shall  be  observed. 

40* 


474  DISCIPLINE. 

CHAPTER   VII. 

OF   CASES   WITHOUT   PROCESS. 

47.  If  a  person  commits  an  ofiPence  in  the 
presence  of  a  judicatory,  or  comes  forward  as 
his  own  accuser  and  makes  known  his  offence, 
the  judicatory  may  proceed  to  judgment  with- 
out process,  giving  the  offender  an  opportu- 
nity to  be  heard ;  and  in  the  case  first  named 
he  may  demand  a  delay  of  at  least  two  days 
before  judgment.  The  record  must  show  the 
nature  of  the  offence,  as  well  as  the  judgment 
and  the  reasons  therefor,  and  appeal  may  be 
taken  from  the  judgment  as  in  other  cases. 

48.  If  a  communicant,  not  chargeable  with 
immoral  conduct,  inform  the  Session  that  he 
is  fully  persuaded  that  he  has  no  right  to  come 
to  the  Lord's  Table,  the  Session  shall  confer 
with  him  on  the  subject,  and  may,  should  he 
continue  of  the  same  mind,  and  his  attendance 
on  the  other  means  of  grace  be  regular,  ex- 
cuse him  from  attendance  on  the  Lord's  Sup- 
per; and,  after  fully  satisfying  themselves 
that  his  judgment  is  not  the  result  of  mis- 
taken views,  shall  erase  his  name  from  the 
roll  of  communicants,  and  make  record  of 
their  action  in  the  case. 

49.  If  a  communicant,  not  chargeable  with 
immoral  conduct,  removes  out  of  the  bounds 
of  his  Church,  without  asking  for  or  receiv- 
ing a  regular  certificate  of  dismission  to  an- 
other Church,  and  his  residence  is  known,  the 


DISCIPLINE.  47S 

Session  may,  within  two  years,  advise  him  to> 
apply  for  such  certificate;  and,  if  he  fails  so 
to  do,  without  giving  sufficient  reason,  his 
name  may  be  placed  on  the  roll  of  suspended 
members,  until  he  shall  satisfy  the  Session  of 
the  propriety  of  his  restoration.  But,  if  the 
Session  has  no  knowledge  of  him  for  the 
space  of  three  years,  it  may  erase  his  name 
from  the  roll  of  communicants,  making  record 
of  its  action  and  the  reasons  therefor.  In^ 
either  case,  the  member  shall  continue  subject 
to  the  jurisdiction  of  the  Session.  A  separate 
roll  of  all  such  names  shall  be  kept,  stating 
the  relations  of  each  to  the  Church. 

50.  If  any  communicant,  not  chargeable 
with  immoral  conduct,  neglects  the  ordinances 
of  the  Church  for  one  year,  and  in  circum- 
stances such  as  the  Session  shall  regard  to  be 
a  serious  injury  to  the  cause  of  religion,  he 
may,  after  affectionate  visitation  by  the  Ses- 
sion, and  admonition  if  need  be,  be  suspended, 
from  the  communion  of  the  Church  until  he- 
gives  satisfactory  evidence  of  the  sincerity  of 
his  repentance,  but  he  shall  not  be  excommu- 
nicated without  due  process  of  discipline. 

51.  If  a  Minister,  otherwise  in  good  stand- 
ing, shall  make  application  to  be  released  from 
the  office  of  the  ministry,  he  may,  at  the  dis- 
cretion of  the  Presbytery,  be  put  on  proba- 
tion, for  one  year  at  least,  in  such  a  manner 
as  the  Presbytery  may  direct,  in  order  to  as- 
certain his  motives  and  reasons  for  such  a  re- 


476  DISCIPLINE. 

'linquishment.  And  if,  at  the  end  of  this 
period,  the  Presbytery  be  satisfied  that  he 
■cannot  be  useful  and  happy  in  the  exercise 
of  his  ministry,  they  may  allow  him  to  demit 
the  office,  and  return  to  the  condition  of  a 
private  member  in  the  Church,  ordering  his 
name  to  be  stricken  from  the  roll  of  the 
Presbytery,  and  giving  him  a  letter  to  any 
Church  with  which  he  may  desire  to  connect 
himself. 

52.  If  a  communicant  renounces  the  com- 
munion of  this  Church  by  joining  another 
denomination,  without  a  regular  dismission, 
although  such  conduct  is  disorderly,  the  Ses- 
sion shall  take  no  other  action  in  the  case 
than  to  record  the  fact,  and  order  his  name  to 
be  erased  from  the  roll.  If  charges  are  pend- 
ing against  him,  these  charges  may  be  prose- 
cuted. 

53.  If  a  Minister,  not  otherwise  chargeable 
with  an  oifence,  renounces  the  jurisdiction  of 
this  Church,  by  abandoning  the  ministry,  or 
becoming  independent,  or  joining  another  de- 
nomination not  deemed  heretical,  without  a 
regular  dismission,  the  Presbytery  shall  take 
no  other  action  than  to  record  the  fact  and  to 
erase  his  name  from  the  roll.  If  charges  are 
pending  against  him,  he  maybe  tried  thereon. 
If  it  appears  that  he  has  joined  another  de- 
nomination deemed  heretical,  he  may  be  sus- 
pended, deposed,  or  excommunicated. 


DISCIPLINE.  477 

CHAPTER   VIII. 


OF    EVIDENCE. 


54.  Judicatories  ought  to  be  very  careful 
and  impartial  in  receiving  testimony.  Not 
every  person  is  competent,  and  not  every  com- 
petent person  is  credible,  as  a  witness. 

55.  All  persons,  whether  parties  or  other- 
wise, are  competent  witnesses,  except  such  as 
do  not  believe  in  the  existence  of  God,  or  a 
future  state  of  rewards  and  punishments,  or 
have  not  sufficient  intelligence  to  understand 
the  obligation  of  an  oath.  Any  witness  may 
be  challenged  for  incompetency,  and  the  judi- 
catory shall  decide  the  question. 

56.  The  credibility  of  a  witness,  or  the  de- 
gree of  credit  due  to  his  testimony,  may  be 
affected  by  relationship  to  any  of  the  parties ; 
by  interest  in  the  result  of  the  trial  ;  by  want 
of  proper  age ;  by  weakness  of  understand- 
ing ;  by  infamy  or  malignity  of  character ;  by 
being  under  church  censure ;  by  general  rash- 
ness or  indiscretion ;  or  by  any  other  circum- 
stances that  appear  to  affect  his  veracity, 
knowledge  or  interest  in  the  case. 

57.  A  husband  or  wife  shall  be  a  compe- 
tent witness  for  or  against  the  other,  but  shall 
not  be  compelled  to  testify. 

58.  Evidence  may  be  oral,  written  or  print- 
ed, direct  or  circumstantial.  A  charge  may 
be  proven  by  the  testimony  of  one  witness, 
only  when  supported  by  other  evidence ;  but. 


478  DISCIPLINE. 

when  there  are  several  specifications  under 
the  same  general  charge,  the  proof  of  two  or 
more  of  the  specifications,  by  diiferent  credi- 
ble witnesses,  shall  be  sufficient  to  establish 
the  charge. 

59.  No  witness,  afterwards  to  be  examined, 
except  a  member  of  the  judicatory,  shall  be 
present  during  the  examination  of  another 
witness  if  either  party  object. 

60.  Witnesses  shall  be  examined  first  by 
the  party  producing  them;  then  cross-exam- 
ined by  the  opposite  party ;  after  which  any 
member  of  the  judicatory  or  either  party  may 
put  additional  interrogatories.  Irrelevant  or 
frivolous  questions  shall  not  be  admitted, 
nor  leading  questions  by  the  parties  pro- 
ducing the  witness,  except  under  permission 
of  the  judicatory  as  necessarv  to  elicit  the 
truth. 

61.  The  oath  or  affirmation  shall  be  admin- 
istered by  the  Moderator  in  the  following,  or 
like,  terms:  "You  solemnly  promise,  in  the 
presence  of  the  omniscient  and  heart-search- 
ing God,  that  you  will  declare  the  truth,  the 
whole  truth,  and  nothing  but  the  truth,  ac- 
cording to  the  best  of  your  knowledge,  in  the 
matter  in  which  you  are  called  to  testify,  as 
you  shall  answer  to  the  Great  Judge  of  quick 
and  dead." 

62.  Every  question  put  to  a  witness  shall, 
if  required,  be  reduced  to  writing.  And,  if 
either  party  desire  it,  or  if  the  judicatory  shall 


DISCIPLINE.  479 

SO  decide,  both  question  and  answer  shall  be 
recorded.  The  testimony,  thus  recorded,  shall 
be  read  to  the  witnesses,  in  the  presence  of 
the  judicatory,  for  their  approbation  and  sub- 
scription. 

63.  The  records  of  a  judicatory,  or  any 
part  of  them,  whether  original  or  transcribed, 
if  regularly  authenticated  by  the  Clerk,  or  in 
case  of  his  death,  absence,  disability  or  failure 
from  any  cause,  by  the  Moderator,  shall  be 
deemed  good  and  sufficient  evidence  in  every 
other  judicatory. 

64.  In  like  manner,  testimony  taken  by 
one  judicatory,  and  regularly  certified,  shall 
be  received  by  every  other  judicatory,  as  no 
less  valid  than  if  it  had  been  taken  by  them- 
selves. 

65.  Any  judicatory,  before  which  a  case 
may  be  pending,  shall  have  power,  whenever 
the  necessity  of  parties  or  witnesses  shall  re- 
quire it,  to  appoint,  on  the  application  of 
either  party,  a  Commission  of  Ministers,  or 
Elders,  or  both,  to  examine  witnesses ;  which 
Commission,  if  the  case  requires  it,  may  be 
of  persons  within  the  jurisdiction  of  another 
body.  The  Commissioners  so  appointed  shall 
take  such  testimony  as  may  be  offered  by 
either  party.  The  testimony  shall  be  taken 
in  accordance  with  the  rules  governing  the 
judicatory,  either  orally  or  on  written  inter- 
rogatories and  cross-interrogatories,  duly  set- 
tled by  the  judicatory,  due  notice  having  been 


480  DISCIPLINE. 

given  of  the  time  when,  and  place  where,  the 
witnesses  are  to  be  examined.  All  questions, 
as  to  the  relevancy  or  competency  of  the  tes- 
timony so  taken,  shall  be  determined  by  the 
judicatory.  The  testimony,  properly  authen- 
ticated by  the  signatures  of  the  Commission- 
ers, shall  be  transmitted,  in  due  time,  to  the 
Clerk  of  the  judicatory  before  which  the  case 
is  pending. 

66.  A  member  of  the  judicatory  may  be 
called  upon  to  testify  in  a  case  which  comes 
before  it.  He  shall  be  qualified  as  other  wit- 
nesses are,  and,  after  having  given  his  testi- 
mony, may  immediately  resume  his  seat  as  a 
member  of  the  judicatory. 

67.  A  member  of  the  Church,  summoned 
as  a  witness,  and  refusing  to  appear,  or,  having 
appeared,  refusing  to  testify,  shall  be  censured 
according  to  the  circumstances  of  the  case  for 
his  contumacy. 

68.  If,  after  a  trial  before  any  judicatory, 
new  evidence  is  discovered,  supposed  to  be 
important  to  the  exculpation  of  the  accused, 
he  may  ask,  if  the  case  has  not  been  appealed, 
and  the  judicatory  shall  grant,  if  justice  seems 
to  require  it,  a  new  trial. 

69.  If,  in  the  prosecution  of  an  appeal, 
new  evidence  is  offered,  which,  in  the  judg- 
ment of  the  appellate  judicatory,  has  an  im- 
portant bearing  on  the  case,  it  shall  either 
refer  the  whole  case  to  the  inferior  judicatory 
for  a  new  trial ;  or,  with  the  consent  of  the 


DISCIPLINE.  481 

parties,  take  the  testimony,  and  hear  and  de- 
termine the  case. 


CHAPTER  IX. 

OF   THE  WAYS  IN  WHICH   A   CAUSE  MAY  BE  CARRIED 
FROM  A  LOWER    TO   A   HIGHER    JUDICATORY. 

70.  All  proceedings  of  the  Session,  the 
Presbytery,  and  the  Synod  (except  as  limited 
by  Chapter  XI.,  Section  4,  of  the  Form  of 
Government),  are  subject  to  review  by,  and 
may  be  taken  to,  a  superior  judicatory,  by 
General  Review  and  Control,  Reference,  Com- 
plaint or  Appeal. 

I.     OF  GENERAL  REVIEW  AND  CONTROL. 

71.  All  proceedings  of  the  Church  shall  be 
reported  to,  and  reviewed  by,  the  Session,  and 
by  its  order  incorporated  with  its  Records. 
Every  judicatory  above  a  Session  shall  re- 
view, at  least  once  a  year,  the  records  of  the 
proceedings  of  the  judicatory  next  below; 
and,  if  the  lower  judicatory  shall  omit  to  send 
up  its  records  for  this  purpose,  the  higher 
may  require  them  to  be  produced,  either  im- 
mediately, or  at  a  specified  time,  as  circum- 
stances may  determine. 

72.  In  sucli  review,  the  judicatory  shall 
examine,  first,  whether  the  proceedings  liave 
been  correctly  recorded ;  second,  whether  they 

41 


482  DISCIPLINE. 

have  been  constitutional  and  regular;  and 
third,  whether  they  have  been  wise,  equitable 
and  for  the  edification  of  the  Church. 

73.  Members  of  a  judicatory,  the  records 
of  which  are  under  review,  shall  not  be  al- 
lowed to  vote  thereon. 

74.  In  most  cases  the  superior  judicatory 
may  discharge  its  duty,  by  simply  placing  on 
its  own  records,  and  on  those  under  review, 
the  censure  which  it  may  pass.  But  irregular 
proceedings  may  be  found  so  disreputable  and 
injurious,  that  the  inferior  judicatory  must  be 
required  to  review  and  correct,  or  reverse 
them,  and  report,  within  a  specified  time,  its 
obedience  to  the  order :  lyrovidedy  however, 
that  no  judicial  decision  shall  be  reversed, 
unless  regularly  taken  up  by  appeal  or  com- 
plaint. 

75.  If  a  judicatory  is,  at  any  time,  well 
advised  of  any  unconstitutional  proceedings 
of  a  lower  judicatory,  the  latter  shall  be  cited 
to  appear,  at  a  specified  time  and  place,  to 
produce  the  records,  and  to  show  what  it  has 
done  in  the  matter  in  question;  after  which, 
if  the  diarge  is  sustained,  the  whole  matter 
shall  be  concluded  by  the  judicatory  itself,  or 
be  remitted  to  the  lower  judicatory,  with  di- 
rection as  to  its  disposition. 

76.  Judicatories  may  sometimes  neglect  to 
perform  their  duty,  by  which  neglect  hereti- 
cal o|)inions  or  corrupt  practices  may  be  al- 
lowed to  gain  ground,  or  offenders  of  a  gross 


DISCIPLINE.  483 

character  may  be  suffered  to  escape ;  or  some 
part  of  their  proceedings  may  have  been 
omitted  from  the  record,  or  not  properly  re- 
corded. If,  therefore,  at  any  time,  the  supe- 
rior judicatory  is  well  advised  of  such  neglects, 
omissions,  or  irregularities  on  the  part  of  the 
inferior  judicatory,  it  may  require  its  records 
to  be  produced,  and  shall  either  proceed  to 
examine  and  decide  the  whole  matter,  as  com- 
pletely as  if  proper  record  had  been  made ;  or 
it  shall  cite  the  lower  judicatory,  and  proceed 
as  in  the  next  preceding  section. 

II.   OF  REFERENCES. 

77.  A  Keference  is  a  representation  in 
writing,  made  by  an  inferior  to  a  superior 
judicatory,  of  a  judicial  case  not  yet  decided. 
Generally,  however,  it  is  more  conducive  to 
the  public  good  that  each  judicatory  should 
fulfil  its  duty  by  exercising  its  own  judg- 
ment. 

78.  Cases  which  are  new,  important,  diffi- 
cult, or  of  peculiar  delicacy,  the  decision  of 
which  may  establish  principles  or  precedents 
of  extensive  influence,  on  which  the  inferior 
judicatory  is  greatly  divided,  or  on  which  for 
any  reason  it  is  desirable  that  a  superior  judi- 
catory should  first  decide,  are  proper  subjects 
of  Reference. 

79.  References  are,  either  for  mere  advice, 
preparatory  to  a  decision  by  the  inferior  judi- 
catory, or  for  ultimate  trial   and  decision  by 


484  DISCIPLINE. 

the  superior;  and  are  to  be  carried  to  the 
next  higher  judicatory.  If  for  advice,  the 
Reference  only  suspends  the  decision  of  the 
inferior  judicatory;  if  for  trial,  it  submits 
the  whole  case  to  the  final  judgment  of  the 
superior. 

80.  In  cases  of  Reference,  members  of  the  in- 
ferior judicatory  may  sit,  deliberate,  and  vote. 

81.  A  judicatory  is  not  necessarily  bound  to 
give  a  final  judgment  in  a  case  of  Reference, 
but  may  remit  the  whole  case,  either  with  or 
without  advice,  to  the  inferior  judicatory. 

82.  The  whole  record  of  proceedings  shall 
be  promptly  transmitted  to  the  superior  judi- 
catory, and,  if  the  Reference  is  accepted,  the 
parties  shall  be  heard. 

III.   OF  COMPLAINTS. 

83.  A  Complaint  is  a  written  representa- 
tion, made  to  the  next  superior  judicatory,  by 
one  or  more  persons  subject  and  submitting 
to  the  jurisdiction  of  the  judicatory  com- 
plained of,  respecting  any  delinquency,  or 
any  decision,  by  an  inferior  judicatory. 

84.  Written  notice  of  Complaint,  with  thp 
reasons  therefor,  shall  be  given,  within  ten 
days  after  the  action  was  taken,  to  the  Clerk, 
or,  in  case  of  his  death,  absence,  or  disability, 
to  the  Moderator,  of  the  judicatory  com- 
plained of,  who  shall  lodge  it,  with  the  rec- 
ords and  all  the  papers  pertaining  to  the  case, 
with  the  Clerk  of  the  superior  judicatory,  be- 


DISCIPLINE.  485 

fore  the  close  of  the  second  day  of  its  regular 
meeting  next  ensuing  the  date  of  the  recep- 
tion of  said  notice. 

85.  Whenever  a  Complaint,  in  cases  non- 
judicial, is  entered  against  a  decision  of  a  ju- 
dicatory, signed  by  at  least  one-third  of  the 
members  recorded  as  present  when  the  action 
was  taken,  the  execution  of  such  decision 
shall  be  stayed,  until  the  final  issue  of  the 
case  by  the  superior  judicatory. 

86.  The  complainant  shall  lodge  his  Com- 
plaint, and  the  reasons  therefor,  with  the 
Clerk  of  the  superior  judicatory  before  the 
close  of  the  second  day  of  its  meeting  next 
ensuing  the  date  of  the  notice  thereof. 

87.  If  the  higher  judicatory  finds  that  the 
Complaint  is  in  order,  and  that  sufficient  rea- 
sons for  proceeding  to  trial  have  been  assigned, 
the  next  step  shall  be  to  read  the  record  of  the 
action  complained  of,  and  so  much  of  the 
record  of  the  lower  judicatory  as  may  be  per- 
tinent ;  then  the  parties  shall  be  heard,  and, 
after  that,  the  judicatory  shall  proceed  to  con- 
sider and  determine  the  case,  as  provided  for 
in  cases  of  original  process.  In  cases  of  Com- 
plaint involving  a  judicial  decision,  proceed- 
ings in  an  appellate  judicatory  shall  be  had 
in  the  order  and  as  provided  in  Section  100, 
Chapter  IV.,  entitled  "  Of  Appeals." 

88.  The  effect  of  a  Complaint,  if  sustained, 
may  be  the  reversal,  in  whole  or  in  part,  of 
the  action  of  the  lower  judicatory ;  and  may 

41* 


486  DISCIPLINE. 

also,  in  cases  uon-jiidicial,  be  the  infliction  of 
censure  upon  the  judicatory  complained  of. 
When  a  Complaint  is  sustained,  the  lower 
judicatory  shall  be  directed  how  to  dispose  of 
the  matter. 

89.  The  parties  to  a  Complaint,  in  cases 
non-judicial,  shall  be  known,  respectively, 
as  Complainant  and  Respondent — the  latter 
being  the  judicatory  complained  of,  which 
should  always  be  represented  by  one  or  more 
of  its  number  appointed  for  that  purpose,  who 
may  be  assisted  by  counsel. 

90.  Neither  the  Complainant  nor  the  mem- 
bers of  the  judicatory  complained  of  shall  sit, 
deliberate,  or  vote  in  the  case. 

91.  Either  of  the  parties  to  a  Complaint 
may  appeal  to  the  next  superior  judicatory, 
except  as  limited  by  Chapter  XI.,  Section  4, 
of  the  Form  of  Government. 

92.  The  judicatory  against  which  a  Com- 
plaint is  made  shall  send  up  its  records,  and 
all  the  papers  relating  to  the  matter  of  the 
Complaint,  and  filed  with  the  record ;  and, 
for  failure  to  do  this,  it  shall  be  censured  by 
the  superior  judicatory,  which  shall  have 
power  to  make  such  orders,  pending  the  pro- 
duction of  the  records  and  papers,  and  the  de- 
termination of  the  Complaint,  as  may  be  neces- 
sary to  preserve  the  rights  of  all  the  parties. 

93.  li'  a  case  should  be  carried  to  an  appel- 
late judicatory  by  both  Appeal  and  Com- 
plaint, the  same  shall  be  consolidated  for  trial, 


DISCIPLINE.  487 

if  deemed  proper  by  the  appellate  judicatory. 
If  the  Appeal  be  abandoned,  the  case  shall  be 
heard  only  on  the  Complaint. 

IV.   OF  APPEALS. 

94.  An  Appeal  is  the  removal  of  a  judicial 
case,  by  a  written  representation,  from  an  in- 
ferior to  a  superior  judicatory ;  and  may  be 
taken,  by  either  of  the  original  parties,  from 
the  final  judgment  of  the  lower  judicatory. 
These  parties  shall  be  called  Appellant  and 
Appellee. 

95.  The  grounds  of  Appeal  may  be  such 
as  these :  Irregularity  in  the  proceedings  of 
the  inferior  judicatory;  refusal  to  entertain 
an  Appeal  or  Complaint ;  refusal  of  reason- 
able indulgence  to  a  party  on  trial ;  receiving 
improper,  or  declining  to  receive  important, 
testimony ;  hastening  to  a  decision  before  the 
testimony  is  fully  taken ;  manifestation  of 
prejudice  in  the  conduct  of  the  case ;  and  mis- 
take or  injustice  in  the  decision. 

96.  Written  notice  of  Appeal,  with  specifi- 
cations of  the  errors  alleged,  shall  be  given, 
within  ten  days  after  the  judgment  has  been 
rendered,  to  the  Clerk,  or,  in  case  of  his  death, 
absence,  or  disability,  to  the  Moderator,  of  the 
judicatory  appealed  from,  who  shall  lodge  it, 
with  the  records  and  all  the  papers  pertaining 
to  the  case,  with  the  Clerk  of  the  superior 
judicatory,  before  the  close  of  the  second  day 


488  DISCIPLINE. 

of  its  regular  meeting  next  ensuing  the  date 
of  his  reception  of  said  notice. 

97.  The  appellant  shall  appear  in  person 
or  by  counsel  before  the  judicatory  appealed 
to,  on  or  before  the  close  of  the  second  day 
of  its  regular  meeting  next  ensuing  the  date 
of  the  filing  of  his  notice  of  Appeal,  and  shall 
lodge  his  Appeal  and  specifications  of  the 
errors  alleged,  with  the  Clerk  of  the  superior 
judicatory,  within  the  time  above  specified. 
If  he  fail  to  show  to  the  satisfaction  of  the 
judicatory  that  he  was  unavoidably  prevented 
from  so  doing,  he  shall  be  considered  as  hav- 
ing abandoned  his  Appeal,  and  the  judgment 
shall  stand. 

98.  Neither  the  appellant,  nor  the  members 
of  the  judicatory  appealed  from,  shall  sit,  de- 
liberate, or  vote  in  the  case. 

99.  When  due  notice  of  an  Appeal  has  been 
given,  and  the  Appeal  and  the  specifications 
of  the  errors  alleged  have  been  filed  in  due 
time,  the  Appeal  shall  be  considered  in  order. 
The  judgment,  the  notice  of  Appeal,  the  Ap- 
peal, and  the  specifications  of  the  errors  al- 
leged, shall  be  read ;  and  the  judicatory  may 
then  determine,  after  hearing  the  parties, 
whether  the  Appeal  shall  be  entertained.  If 
it  be  entertained,  the  following  order  shall  be 
observed  : 

(1)  The  record  in  the  case,  from  the  begin- 
ning, shall  be  read,  except  what  may  be  omit- 
ted by  consent. 


DISCIPLINE.  489 

(2)  The  parties  shall  be  heard,  the  appel- 
lant opening  and  closing. 

(3)  Opportunity  shall  be  given  to  the  mem- 
bers of  the  judicatory  appealed  from  to  be 
heard. 

(4)  Opportunity  shall  be  given  to  the  mem- 
bers of  the  superior  judicatory  to  be  heard. 

(5)  The  vote  shall  then  be  separately  taken, 
without  debate,  on  each  specification  of  error 
alleged,  the  question  being  taken  in  the  form  : 
"  Shall  the  specification  of  error  be  sustained  ?" 
If  no  one  of  the  specifications  be  sustained, 
and  no  error  be  found  by  the  judicatory  in 
the  record,  the  judgment  of  the  inferior  judi- 
catory shall  be  affirmed.  If  one  or  more  er- 
rors be  found,  the  judicatory  shall  determine, 
whether  the  judgment  of  the  inferior  judica- 
tory shall  be  reversed  or  modified,  or  the  case 
remanded  for  a  new  trial;  and  the  judgment, 
accompanied  by  a  recital  of  the  error  or  errors 
found,  shall  be  entered  on  the  record.  If  the 
judicatory  deem  it  wise,  an  explanatory  min- 
ute may  be  adopted  which  shall  be  a  part  of 
the  record  of  the  case. 

100.  When  the  judgment  directs  admoni- 
tion or  rebuke,  notice  of  Appeal  shall  sus- 
pend all  further  proceedings;  but  in  other 
cases  the  judgments  sliall  be  in  force  until  the 
Appeal  is  decided. 

101.  The  judicatory  whose  judgment  is 
appealed  from  shall  send  up  its  records,  and 
all  the  papers  relating  thereto,  and  filed  with 


490  DISCIPLINE. 

the  record.  If  it  fails  to  do  this,  it  shall  be 
censured ;  and  the  sentence  appealed  from 
shall  be  suspended,  until  a  record  is  produced 
on  which  the  issue  can  be  fairly  tried. 

102.  Appeals  are,  generally,  to  be  taken  to 
the  judicatory  immediately  superior  to  that 
appealed  from. 


CHAPTER   X. 

OP  DISSENTS  AND  PROTESTS. 

103.  A  Dissent  is  a  declaration  of  one  or 
more  members  of  a  minority  in  a  judicatory, 
expressing  disagreement  with  a  decision  of 
the  majority  in  a  particular  case. 

104.  A  Protest  is  a  more  formal  declara- 
tion, made  by  one  or  more  members  of  a  mi- 
nority, bearing  testimony  against  what  is 
deemed  a  mischievous  or  erroneous  proceeding, 
decision  or  judgment,  and  including  a  state- 
ment of  the  reasons  therefor. 

105.  If  a  Dissent  or  Protest  be  couched 
in  decorous  and  respectful  language,  and  be 
without  offensive  reflections  or  insinuations 
against  the  majority,  it  shall  be  entered  on  the 
records. 

106.  The  judicatory  may  prepare  an  an- 
swer to  any  protest  which  imputes  to  it  prin- 
ciples or  reasonings  which  its  action  does  not 
import,  and  the  answer  shall  also  be  entered 
upon  the  records.     Leave  may  thereupon  be 


DISCIPLINE.  491 

g;iven  to  the  protestant  or  protestants,  if 
they  desire  it,  to  modify  their  Protest ;  and 
the  answer  of  the  judicatory  may  also,  in  con- 
sequence, be  modified.  This  shall  end  the 
matter. 

107.  No  one  shall  be  allowed  to  dissent  or 
protest  who  has  not  a  right  to  vote  on  the 
question  decided, — and,  in  judicial  cases,  no 
one  shall  be  allowed  to  dissent  or  protest  who 
did  not  vote  against  the  decision. 


CHAPTER   XI. 

OF  JURISDICTION  IN  CASES   OF   DISAHSSION. 

108.  The  judicatory,  to  which  a  church 
member  or  a  Minister  belongs,  shall  have 
sole  jurisdiction  for  the  trial  of  offences  when- 
ever or  wherever  committed  by  him. 

109.  A  member  of  a  Church,  receiving  a 
certificate  of  dismission  to  another  Church, 
shall  continue  to  be  a  member  of  the  Church 
giving  him  the  certificate,  and  subject  to  the 
jurisdiction  of  its  Session  (but  shall  not  de- 
liberate or  vote  in  a  church  meeting,  nor  ex- 
ercise the  functions  of  any  office),  until  he 
lias  become  a  member  of  the  Church  to  which 
he  is  recommended,  or  some  other  evangelical 
Church  ;  and,  should  he  return  the  certificate, 
within  a  year  from  its  date,  the  Session  shall 
make  record  of  the  fact,  but  he  sliall  not 
thereby  be  restored   to    the  exercise  of  the 


492  DISCIPLINE. 

functions   of  any  office   previously  held  by 
him  in  that  Church. 

110.  In  like  manner,  a  Minister  shall  be 
subject  to  the  jurisdiction  of  the  Presbytery 
which  dismissed  him  (but  shall  not  deliberate 
or  vote,  nor  be  counted  in  the  basis  of  repre- 
sentation to  the  General  Assembly),  until  he 
actually  becomes  a  member  of  another  Pres- 
bytery ;  but,  should  he  return  the  certificate  of 
dismission  within  a  year  from  its  date,  the  Pres- 
bytery shall  make  record  of  the  fact,  and  restore 
him  to  the  full  privileges  of  membership. 

111.  A  Presbytery,  giving  a  certificate  of 
dismission  to  a  Minister,  Licentiate,  or  Can- 
didate for  licensure,  shall  specify  the  particu- 
lar body  to  which  he  is  recommended ;  and, 
if  recommended  to  a  Presbytery,  no  other 
than  the  one  designated,  if  existing,  shall  re- 
ceive him. 

112.  If  a  Church  becomes  extinct,  the 
Presbytery  with  which  it  was  connected  shall 
have  jurisdiction  over  its  members,  and  grant 
them  letters  of  dismission  to  some  other 
Church.  It  shall,  also,  determine  any  case  of 
discipline  begun  by  the  Session  and  not  con- 
cluded. 

113.  If  a  Presbytery  becomes  extinct,  the 
Synod,  with  which  it  was  connected,  shall  have 
jurisdiction  over  its  members,  and  may  trans- 
fer them  to  any  Presbytery  within  its  bounds. 
It  shall,  also,  determine  any  case  of  discipline 
begun  by  the  Presbytery  and  not  concluded. 


DISCIPLINE.  493 

CHAPTER   XII. 

OF   REMOVALS,   AND   LIMITATION   OF   TIME. 

114.  When  any  member  shall  remove 
from  one  Church  to  another,  he  shall  produce 
a  certificate,  ordinarily  not  more  than  one 
year  old,  of  his  church-membership  and  dis- 
mission, before  he  shall  be  admitted  as  a  reg- 
ular member  of  that  Church. 

The  names  of  the  baptized  children  of  a 
parent  seeking  dismission  to  another  Church 
shall,  if  such  children  are  members  of  his 
household  and  remove  with  him  and  are  not 
themselves  communicants,  be  included  in  the 
certificate  of  dismission.  The  certificate  shall 
be  addressed  to  a  particular  Church,  and  the 
fact  of  the  reception  of  the  person  or  persons 
named  in  it  shall  be  promptly  communicated 
to  the  Church  which  gave  it. 

115.  In  like  manner,  when  a  Minister,  Li- 
centiate, or  Candidate,  is  dismissed  from  one 
Presbytery  to  another,  the  certificate  shall  be 
presented  to  the  Presbytery,  to  which  it  is 
addressed,  ordinarily  within  one  year  from  its 
date,  and  the  fact  of  his  reception  shall  be 
promptly  communicated  to  the  Presbytery 
dismissing  him. 

116.  If  a  church-member,  more  than  two 
years  absent  from  the  place  of  his  ordinary 
residence  and  Church  connections,  applies  for 
a  certificate  of  membership,  his  absence,  and 

42 


494  DISCIPLINE. 

the  knowledge  of  the  Church  respecting  his 
demeanor  for  that  time,  or  its  want  of  infor- 
mation concerning  it,  shall  be  distinctly  stated 
in  the  certificate. 

117.  Prosecution  for  an  alleged  offence 
shall  commence  within  one  year  from  the 
time  of  its  alleged  commission,  or  from  the 
date  when  it  becomes  known  to  the  judicatory 
which  has  jurisdiction  thereof. 


CHAPTER   XIII. 

JUDICIAL  COMMISSIONS. 


118.  The  General  Assembly,  and  each 
Synod  under  its  care,  shall  have  power  to 
appoint  a  Judicial  Commission  from  their 
respective  bodies,  consisting  of  ministers  and 
elders,  in  number  not  less  than  a  quorum  of 
the  judicatory  appointing. 

All  judicial  cases  may  be  submitted  to  this 
Commission,  and  its  decisions  shall  be  final, 
except  in  matters  of  law,  which  shall  be  re- 
ferred to  the  appointing  court  for  final  adju- 
dication ;  and  also  all  matters  of  Constitution 
and  Doctrine,  which  may  be  reviewed  in  the 
appointing  body,  and  upon  final  adjudication 
by  the  General  Assembly.  The  Commission 
shall  sit  at  the  same  time  and  place  as  the 
body  appointing  it,  and  its  findings  shall  be 
entered  upon  the  minutes  of  such  body. 


DIRECTORY  FOR  WORSHIP. 


CHAPTER  X. 

OF  THE  MODE   OF  INFLICTING  AND  REMOVING  CEN- 
SURES. 

I.  The  power  which  Christ  has  given  the 
rulers  of  his  Church  is  for  edification,  and 
not  destruction.  When,  therefore,  a  commu- 
nicant shall  have  been  found  guilty  of  a  fault 
deserving  censure,  the  judicatory  shall  pro- 
ceed with  all  tenderness,  and  restore  the  of- 
fending brother  in  the  spirit  of  meekness,  its 
members  considering  themselves,  lest  they 
also  be  tempted.  Censure  ought  to  be  in- 
flicted with  great  solemnity ;  that  it  may  be 
the  means  of  impressing  the  mind  of  the  de- 
linquent with  a  proper  sense  of  his  sin;  and 
that,  with  the  divine  blessing,  it  may  lead 
him  to  repentance. 

II.  When  the  judicatory  has  resolved  to 
pass  sentence,  suspending  a  communicant  from 
church  privil-eges,  the  Moderator  shall  pro- 
nounce the  sentence  in  the  following  form  : 

"  Whereas  you  have  been  found  guilty  \_bi/ 
your  own  confession^  or  by  sufficient  proof,  as  the 
case  may  6e]  of  the  sin  of  \Jiere  me^ition  the  par- 
ticular offence~\,  we  declare  you  suspended  from 
the  sacrament  of  the  Lord's  Supper,  till  you 
give  satisfactory  evidence  of  repentance." 

To  this  shall  be  added  such  advice,  admo- 
nition, or  rebuke,  as  may  be  judged  neces- 

512 


DIRECTORY   FOR   WORSHIP.  513 

sary ;  and  the  whole  shall  be  concluded  with 
prayer  to  Almighty  God,  that  he  would  fol- 
low this  act  of  discipline  with  his  blessing. 
In  general,  such  censure  should  be  inflicted 
in  the  presence  of  the  judicatory  only ;  but, 
if  the  judicatory  think  it  expedient  to  rebuke 
the  offender  publicly,  this  solemn  suspension 
may  be  in  the  presence  of  the  Church. 

III.  After  a  person  has  been  thus  suspend- 
ed, the  Minister  and  Elders  should  frequently 
converse  with  him,  as  well  as  pray  for  him 
in  private,  that  it  would  please  God  to  give 
him  repentance.  And,  particularly  on  days 
preparatory  to  the  dispensing  of  the  Lord's 
Supper,  the  prayers  of  the  Church  should  be 
offered  up  for  those  who  have  shut  themselves 
out  from  this  holy  communion. 

IV.  When  the  judicatory  shall  be  satisfied 
as  to  the  reality  of  the  repentance  of  any  sus- 
pended member,  he  shall  be  allowed  to  profess 
his  repentance,  and  be  restored  to  fellowship,  in 
the  presence  of  the  Session,  or  of  the  Church. 

V.  When  a  suspended  person  has  failed  to 
manifest  repentance  for  his  offence,  and  has 
continued  in  obstinate  impenitence  not  less 
than  a  year,  it  may  become  the  duty  of  the 
judicatory  to  excommunicate  him  without  fur- 
ther trial.  The  design  of  excommunication 
is  to  operate  upon  the  offender  as  a  means  of 
reclaiming  him,  to  deliver  the  Church  from 
the  scandal  of  his  offence,  and  to  inspire  all 
with  fear  by  the  example  of  his  punishment. 


514  DIRECTORY   FOR    WORSHIP. 

YI.  When  a  judgment  of  excommunica- 
tion is  to  be  executed,  with  or  without  pre- 
v^ious  suspension,  it  is  proper  that  the  sentence 
be  publicly  pronounced  against  the  offender. 

The  Minister  shall,  therefore,  at  a  regular 
meeting  of  the  Church,  make  a  brief  vState- 
ment  of  the  several  steps  which  have  been 
taken,  with  respect  to  the  offender,  announc- 
ing that  it  has  been  found  necessary  to  ex- 
communicate him. 

He  shall  begin  by  showing  (from  Matt, 
xviii.  15,  16,  17,  18 ;  1  Cor.  v.  1,  2,  3,  4,  5) 
the  power  of  the  Church  to  cast  out  unwor- 
thy members,  and  shall  briefly  explain  the 
nature,  use,  and  consequences  of  this  censure. 

Then  he  shall  pronounce  the  sentence  in 
the  following  or  like  form,  viz. : 

"  Whereas  A.  B.  hath  been,  by  sufficient 
proof,  convicted  of  [here  insert  the  sin],  and 
after  much  admonition  and  prayer  refuseth  to 
hear  the  Church,  and  hath  manifested  no  evi- 
dence of  repentance ;  therefore,  in  the  name, 
and  by  the  authority,  of  the  Lord  Jesus 
Christ,  I  pronounce  him  to  be  excluded  from 
the  communion  of  this  Church." 

After  which,  prayer  shall  be  made  for  the 
conviction  and  reformation  of  the  excommu- 
nicated person,  and  for  the  establishment  of 
all  true  believers. 

But  the  judicatory  may  omit  the  publication 
of  the  excommunication,  when  it  judges  that 
there  is  sufficient  reason  for  such  omission. 


DIRECTORY    FOR   WORSHIP.  515 

VII.  When  an  excommunicated  person 
shall  be  so  affected  by  his  state  as  to  be 
brought  to  repentance,  and  desires  to  be  re- 
admitted to  the  privileges  of  the  Church,  the 
Session  of  the  Church  which  excommuni- 
cated him,  having  obtained,  and  placed  on 
record,  sufficient  evidence  of  his  sincere  re- 
pentance and  deep  contrition,  shall  proceed  to 
restore  him,  recording,  in  explicit  terms,  the 
grounds  on  which  such  conclusion  has  been 
reached. 

The  sentence  of  restoration  shall  be  pro- 
nounced by  the  Minister,  at  a  regular  meet- 
ing of  the  Church  on  the  Lord's  Day,  in  the 
following  words : 

^^  Whereas  A.  B.  has  been  excluded  from 
the  communion  of  the  Church,  but  has  now 
given  satisfactory  evidence  of  repentance ;  in 
the  name  of  the  Lord  Jesus  Christ,  and  by 
his  authority,  I  declare  him  absolved  from 
the  sentence  of  excommunication  formerly 
pronounced  against  him ;  and  I  do  restore 
him  to  the  communion  of  the  Church,  that 
he  may  be  a  partaker  of  all  the  benefits  of 
the  Lord  Jesus,  to  his  eternal  salvation.'' 

After  which,  he  shall  be  commended  to 
God  in  prayer. 

VIII.  Censures,  other  than  suspension 
from  church  privileges,  or  excommunication, 
shall  be  inflicted  in  such  mode  as  the  judica- 
tory may  direct. 


INDEX 


[Figures,  thus  (28),  refer  to  sections  of  Book  of  Discipline,  anl 
thus  (II.),  to  sections  of  Chap.  X.  Dir.  of  Worship.] 


Absentees,  names  to  be  noted, 
28. 

roll  of,  49. 

certificate    of  dismission  of, 
116. 
Accusations,    caution    against, 

13. 
Accused  person,  private  confer- 
ence with,  9. 

copy  of  charges  for,  19. 

refusal  to  obey  citation,  19. 

time  for  appearance,  21. 

non-appearance  of,  21. 

counsel  for,  21,  22. 

notice  of  examination  of  wit- 
nesses, 23. 

may  be    kept  from  commu- 
nion, 32. 

non-exercise  of  office  by,  32. 

suspension  for  contumacy,  33. 

cited  twice  if  necessary,  21, 33. 

self,  action  in  case  of,  47. 
Admonition,  34,  40. 

in  appeals,  100. 
Affirmation,  how  administered, 

61. 
Appeal,  from  decision  of  Mode- 
rator, 27. 

heard  without  debate,  27. 

to  be  recorded,  27. 
Appeals,  entry  on  minutes,  24. 

record  to  be  transmitted,  24. 

in  cases  without  process,  47. 

new  evidence  during  prose- 
cution of,  69. 

and  complaints  consolidated, 
93. 

definition  of,  94. 

in  general,  94-102. 

(516) 


Appeals,  parties  in,  94. 

grounds  of,  95. 

notice    of,    when     and    how 
given, 96. 

specification  of  errors,  96,  99. 

records  in,  lodgment  of,  96, 
97,  101. 

time  of  lodgment  of,  97. 

counsel  in,  97. 

abandonment  of,  97. 

parties  may  not  vote,  93,  98. 

vote  in,  99  (5). 

judgment  in,  99. 

new  trial  in,  99. 

entertainment  of,  99. 

order  of  proceedings  in,  99. 

minute,  explanatory  of  judg- 
ment, 100. 

effect  of  judgment  upon,  100. 

taken  to  next  judicatory,  102. 
Appellant,  name  given,  94. 

time  of  appearance,  97. 

counsel  for,  97. 

must  lodge  appeal,  97. 

abandoning  appeal,  97. 

may  not  vote,  98. 

hearing  of,  99  (2). 
Appellee,  94. 

Baptized  children    as  church 
members,  5. 
included  in  certificates  of  dis- 
mission, 114. 
Baptized    persons    all    church 
'         members,  5. 

I  Candidate,  certificate  of  dis- 
mission, how  long  valid,  115. 
j      must  be  reported,  115. 


INDEX. 


517 


Cases    with    process,    general 
rules,  18-32. 
before  session,  33-35. 
before  presbytery,  36-46. 
without  process,  47-53. 
delay  in,  47. 

judgment  and  record  in,  47. 
Censures,  infliction  and  remov- 
al of,  30. 
by  session,  names  of,  34. 
in  case  of  ministers,  40. 
cautions  with  regard  to,  41. 
of   witness    for     contumacy, 

67. 
of  records,  how  to  be  record- 
ed, 74. 
for  failure  to  send  up  records 

in  complaints,  92. 
in  appeals,  101. 
design  of,  I. 
manner  of,  I, 
sentence  in,  form  of,  II. 
may  be  public,  II. 
mode  of,  VIII. 
Certificates       of      dismission, 
church  members,  109. 
ministers,  44,  51,  110,  111. 
extinct  church,  112. 
extinct  presbytery,  113. 
time  limit,  church  member, 

114. 
ministers,  etc.,  115. 
Charges,  in  general,  15-17. 
entry  on  minutes,  24. 
reading  of,  19. 
copy  of,  for  accused,  19. 
objections  to,  22. 
amendments  to,  22. 
refusal  to  answer,  .33. 
proved  by  one  witness,  58. 
proof  of  specifications,  58. 
Children     baptized. — See    Bap- 
tized Children. 
Church,  proceedings  of,  report 
to  session,  71. 
review  by  session,  71. 
on  records  of  session,  71. 
Church    extinct,    members    of, 
status  of,  112. 
session  of,  cases  of  discipline, 
112. 
Church  members,  who  are,  5. 
suspended,  roll  of,  49. 
jurisdiction  over,  108,  109. 
dismissed,  status  of,  109. 
removals  of,  114. 


Church  members  must  have  cer- 
tificate of  dismission,  114. 

baptized  children  of,  114. 

certificate  of,  how  long  valid, 
114. 

reception  to  be  reported,  114. 

absentee,  49,  116. 

censured,  conduct  towards, 
III. 

suspended,  repentance  of,  IV. 

suspended  and  unrepentant, 

excommunication  of,  VI, 

restoration  of,  VII.,  IV.— See, 
also.  Communicants. 
Citations,  issuing  of,  19. 

service  of,  20. 

refusal  to  obey,  21. 

second,  21,  33. 

third,  of  ministers,  38. 
Clerk,  to  sign  citations,  19. 

authenticate  records,  63. 

receive  testimony,  65. 

action  of,  in  complaints,  84, 
86. 

action  of,  in  appeals,  96. 
Commissions  to  take  testimony, 
65. 

how  appointed,  65. 

rules  for,  65. 

competency  of  testimony  be- 
fore, 65. 

transmission  of  testimony  be- 
fore, 65. 
Commissions,  Judicial. — See  Ju- 
dicial. 
Communicants,  withdrawal  of, 
not  under  charges,  48. 

absent  without  certificate,  49. 

separate  roll  of  absentee,  49. 

in  neglect  of  church  ordi- 
nances, 50. 

joining  other  denominations, 
52. 
Complainant,  name  given,  89. 

hearing  of,  87. 

must  lodge  complaint,  86. 

may  not  vote,  90. 

may  appeal,  91. 
Complaints,  definition  of,  83. 

notice  of,  when  and  how  given, 
84. 

time  of  lodgment,  with  higher 
judicatory,  84,  86. 

effect  of,  in  cases  non-judicial, 
85. 


518 


IxNDEX. 


Complaints,  order  of   proceed- 
ings before  judicatory,  88. 

in  judicial  cases,  order  of  pro- 
ceedings, 87. 

effect  of,  "if  sustained,  88. 

parties  to,  89. 

counsel  in,  89. 

parties  may  not  vote,  90. 

parties  may  appeal,  91. 

records  in  ease  of,  to  be  sent 
up,  84,  92. 

appeal  and,  consolidated,  93. 
Control,  review  and,  TO-Tfi. 
Contumacy,  21. 

in  cases  before  sessions,  33. 

of  ministers,  38. 

of  witnesses,  65. 
Corrupt  practices,  neglect  of,  by 

judicatory,  76. 
Counsel,  in  absence  of  accused, 
21,  22. 

for  either  party,  26. 

must  be  communicants,  26. 

may  not  vote  or  judge,  26. 

in  appeals,  97. 

Deacons,  general  rules  for  trial 
of,  46. 

tried  by  session,  46. 

lose  office  by  dismission,  109. 
Decision. — See  Judicial  Decision. 
Demission  of  ministry,  51 . 
Deposition,  34,  40. 

cautions  in  cases  of,  41. 

restoration  after,  43. 
Discipline,  in  general,  1-5. 

definition  of,  1. 

ends  of,  2. 

subjects  of,  5. 

cases  of,  before  extinct  ses- 
sion, 112. 

before     extinct     Presbytery, 
113. 
Dismission. — See    Certificates  of 

Dismission. 
Dismission,  jurisdiction  in  cases 

of,  109-113. 
Dissents,  in  general,  103-107. 

definition  of,  103. 

form  of,  105. 

entry  on  records,  105. 

parties  to,  107. 

Elders,  jurisdiction  over,  18. 
aeting,  general  rules  for  trial 

of,  46. 
lose  office  bv  dismi.ssion,  109. 


Errors,  to  be  carefully  consid- 
ered, 41. 
Evidence,  introduction  of,  23. 

in  rebuttal,  23. 

new,  23. 

filing  of,  24. 

questions  of,  27. 

care  in  receiving,  54. 

kinds  of,  59. 

records  of  judicatory  as,  63. 

testimony  before  judicatories 
as,  64. 

new,  after  trial,  68. 

new,  during    prosecution   of 
appeal,  69. 
Exceptions,  25. 

Excommunication,  by  whom  in- 
flicted, 34,  40. 

not  without  process,  50. 

design  of,  V. 

time-limit,  V. 

sentence  of,  VI. 

publication  of,  VT. 

omission  of  publication  of,  VI. 

form  of,  VI. 

restoration  from,  VII. 

Gent:ral  Assembly,  ministers 
in  trans.,  110. 

Heresy,    may  call    for   depo- 
sition, 41. 
neglect  of,  by  judicatory,  76. 

Infirmity,  acts  of,  41. 
Investigations,  to  be  speedy,  32, 
45. 

Judgment,  entering  of,  23. 

entry  on  minutes,  24. 

transmission   to  higher  judi- 
catory, 29. 

in  cases  without  process.  47. 

in  appeals,  99,  100. 
Judicatories,  jurisdiction  of,  IS. 

first  meeting  of,  19. 

objections  to,  22. 

private  session  of,  23. 

minutes  of,  24. 

may  sit  with  closed  doors,  31. 

removing  ministers  to  restore, 
43. 

power    of,    in   cases  without 
process,  47. 

offence  in  presence  of,  47. 

may  decide    competency    of 
witnesses,  5o. 

records  of,  as  evidence,  64. 


INDEX. 


519 


Judicatories,  testimony  before, 
as  evidence  before  others, 
64. 

may  appoint   commission  to 
take  testimeny,  65. 

members    of,    may    be    wit- 
nesses, 66. 

neglect  of  duty  by,  76. 

may  answer  protests,  106. 
Judicatory,  higher,  power  over 
lower': 

in  neglect  of  process,  18. 

in  records,  71,  72. 

in  irregular  proceedings,  74, 

in  unconstitutional  proceed- 
ings, 75. 

in  neglect  of  duty,  76. 

pending  production  of  record, 
92. 
Judicatory,  lower,  unconstitu- 
tional proceedings,  75. 

neglect  of  duty,  76. 

obliged  to  send  records,  71,  92. 

action  upon  judgment  of,  in 
appeals,  99. 
Judicial  cases,  complaint  in,  87. 

decision,  must    be    regularly 
reviewed,  74. 

may  be  submitted  to  commis- 
sion, 118. 
Judicial    commission,    may    be 
appointed,  118. 

only  by  Assembly  and  Synod, 
118. 

number  of  members,  118. 

decisions  of,  118. 

re^view  of  decisions  of,  118. 

place  of  sitting,  118. 

findings  to  be  entered  on  min- 
utes, 118. 
Jurisdiction,  in  process,  18. 

objections  to,  22. 

church-members,  108,  109. 

ministers,  108,  110. 

Licentiate,  certificate  of  dis- 
mission, how  long  valid,  115. 
must  be  reported,  109. 
Limitations  of  time,  114-117. 

MEiiBT.RS.—SeeChurch-Mernbers. 

Ministers,  jurisdiction  over,  18. 

general  rules  for  trial  of,  36- 

45. 
charges  against,    to    be  well 
weighed,  36. 


Ministers,  offences  of,  outside 
bounds  of  home  presbytery, 
37. 

counsel  for,  38. 

third  citation  of,  38. 

contumacy  of,  38. 

suspension  of,  from  commu- 
nion, 38,  40. 

from  office,  38,  40. 

censures  to  be  inflicted  on,  40. 

suspension     of,    followed    by 
deposition,  40. 

complaints  against,  for  slight 
otfeuces,  42. 

restoration   of,  personal   con- 
ditions, 43. 
duty  of  presbytery,  43. 

deposition  of,  if  pastors,  44. 

suspension  of,  if  pastors,  44. 

pulpits  declared  vacant,  44. 

letter  for  deposed,  44. 

accused,  to  refrain  from  exer- 
cise of  office,  45. 

demission  of,  51. 

abandoning  the  ministry,  53. 

becoming  independent,  53. 

joining  other  denominations, 
53. 

joining   heretical  denomina- 
tions, 53. 

jurisdiction  over,  108. 

dismissed,   jurisdiction    over, 
110. 
status  of,  110. 

in  transitu,  110. 

certificates  of  dismission  of, 
44,51,  110,  111. 

must  specjfy  particular  body, 
113. 

certificates,   how   long  valid, 
115. 

reception  to  he  reported,  115. 

dutv    in    excommunications, 
VI. 
Minutes  of  judicatory,  24. 
Moderator  to  decide  questions 
of  order  and  evidence,  27. 

to  sign  citations,  19. 

to  authenticate  records,  63. 

to  receive  complaints,  84. 

to  receive  appeals,  96. 

Oath,  how  administered,  61, 
Objections,  22. 
Offences,  definition  of,  3. 
to  be  set  forth  by  charge,  15. 


620 


INDEX. 


Offences,  in  presence  of  judica- 
tory, 47. 

in  case  of  self-accused  per- 
sons, 47. 

of  ministers,  36. 

jurisdiction  in,  108. 

limit  of  time  for  prosecution 
of,  117. 
Order  of  proceedings,  objections 
to,  22. 

questions  of,  27. 

Parties,   injured,  as    prosecu- 
tors, 8. 

original,  in  prosecution,  10. 

iieard  on  objections,  22. 

may  introduce  new  witnesses, 
23. 

excluded  from  private  session, 
23. 

may  take  exceptions,  25. 

may  have  counsel,  26. 

consent  of,  to  vote  of  absen- 
tees, 28. 

copies  of  record  for,  29. 

as  witnesses,  55. 

relationsiiip  to,  aflFects  wit- 
nesses, 56. 

how  examine  witnesses,  60. 

may  have  questions  recorded, 
62. 

may  ask  commission,  65. 

consent  of,  for  new  evidence, 
69. 

hearing  of,  in  complaints,  87. 

names  of,  in  complaints,  89. 

mav  not  vote  in  complaints, 
90. 

may  appeal,  91. 

may  not  vote  in  appeals,  98. 

hearing  of,  in  appeals,  99. 
Pastors. — See  Ministers. 
Personal   injury,  conditions   in 

cases  of,  8,  17. 
Pleas,  22. 

entry  on  minutes,  24. 
Praver,  for  suspended  members, 
"III. 

for  excommunicated  persons, 
VI. 
Presbytery,  jurisdiction  of,  in 
process,  18. 

duty  towards  ministers,  36. 

duty  towards  other  presby- 
teries in  cases  of  ministers, 
37. 


Presbytery,  duty  of,  in  restora- 
tion of  ministers,  43. 

duty  to  ministers  deposed 
without  excommunication, 
44. 

proceedings  subject  to  review, 
70. 

jurisdiction  of,  over  dismissed 
ministers,  110. 

jurisdiction  over  members  of 
extinct  church,  111. 

over  cases  of  discipline  of  ex- 
tinct church.  111. 

extinct,  status  of  members  of, 
113. 
Private  session,  23,  31. 
Proceedings,  irregular,  must  be 
corrt-cted,  74. 

unconstitutional  action  of  ju- 
dicatory in,  75. 
Process,  judicial,  object  of,  4. 

parties'  in  cases  ol,  6-14. 

general  rules,  18-32. 

neglect  of,  bv  lower  judica- 
tory, 18. 

objections  to  order  of,  22. 
Process,  cases  without,  47-53. 

delay  in,  47. 

judgment  and  record  in,  47. 
Prosecution,  unavailiiiff,  7. 

conditions  of,  individuals,  8. 
judicatories,  9. 

initiation  of,  bv  judicatories, 
10. 

committee  of,  11. 

limit  of  time  for,  117. 
Prosecutor,  warning  to,  14. 
Protests,  in  general,  10:^-107. 

definition  of,  104. 

form  of,  105. 

entry  of,  on  records,  105. 

answer  to,  106. 

modification  of,  106. 

parties  to,  107. 

Questions   of  order  and   evi- 
dence, 27. 
irrelevant  or  frivolous,  GO,  65. 
leading,  60. 
to  be  recorded,  62. 

Rebuke,  34,  40. 

Record  of  the  case,  what  it  is, 

24. 
transmission   to  higher  judi- 

catorv,  24,  29. 


INDEX. 


521 


Records,  nothing  else  to  becon- 

si(iered,  24. 
copies  for  parties,  29. 
of  proceedings  in  case  of  ref- 
erence, 82. 
to  be  read  in  complaints,  87. 
to  be  Tf^ad  in  appeals,  99  (1). 
of  session,  71. 

how  often  to  be  reviewed,  71. 
omission  to  send  up,  72. 
of  lower  judicatory,  required 

to  l)e  produced,  71. 
members  of  judicatory  not  to 

vote  on  review  of,  T6. 
in  case  of  complaint  must  be 

sent  up,  92. 
in  aj)peal  must  be  sent  up,  101. 
Reference  in  general,  77-82. 
definition,  77. 
subjects  of,  78. 
object  of,  79. 
effect  of,  upon  cases,  79. 
members  of  lower  judicatory 

may  vote,  80. 
judgment  in  case  of,  not  final, 

81. 
record  of  proceedings  in,  82. 
Removals.  114-116. 
Respondent,  89. 
Restoration     of     churcli-mem- 

bers,  IV.,  VII. 
ministers,  43. 
Review    and    control,    general, 

70-76. 
frequency  of,  71. 
right,  of,  70. 

order  of  proceedings  in,  72. 
members  of  judicatory  not  to 

vote  on,  73. 
censure  to  be  recorded,  and 

how,  74. 
irregular  proceedings  must  be 

corrected,  74. 
Roll  of  ai)sentees,  49. 

jiuspended  members,  49. 
Roll-call  of  judicatory  in  trial, 

28. 

Schism  mav  call  for  deposition, 

41. 
Self-accused  person,  case  of,  47. 
Sentence,  form  of,  in  censures, 
II. 
in  excommunications,  VI. 
in  restoration,  VII. 
publication  of,  .3.5,  II.,  VI. 

44  '^ 


Session,  jurisdiction  of,  in  pro- 
cess, 18. 

censures  by,  names  of,  34. 

special  rules  for  cases  before. 
33-35. 

cases  without  process,  48,  49, 
50,  52. 

proceedings  subject  to  review, 
70. 

report  of  church  proceedings 
to,  71. 

records  of,  to  include  church 
proceedings,  71. 

review  of  cbureli  proceedings 
by,  71. 

jurisdiction  of,  over  dismissed 
members,  109. 

of  extinct  church,  case  of  dis- 
cipline, 112. 
Slander,  investigation  of,  12. 

record  may  conclude,  12. 
Specifications,  15-17. 

reading  of,  19. 

copy  of,  for  accused,  19. 

objections  to,  22. 

amendments  to,  22. 

entry  on  minutes,  24. 

proof    of     two     may     prove 
charge,  58. 
Suspended        members.  —  See 

Church- Members. 
Suspension,  33,  34,  38,  40,  50. 

may  be  public,  II. 
Svnod,  proceedings  of,  review 
of,  70. 

jurisdiction  of,  over  members 
of  extinct  presi)ytery,  113. 

jurisdiction  over  cases  of  dis- 
cipline in  extinct  presbv- 
tery,  113. 

Testimony,  reception  of,  54. 
record  of,  63. 

before   a   judicatory    as    evi- 
dence before  another,  64. 
commissioners  to  talte,  65. 
record  of,  before  commission, 

65. 
of  member  of  judicatory,  66. 
new,  in  appeals,  69. 
improper,  95. 
See   also  Evidence  and  Wit- 
nesses. 
Time,  limitations  of,  114-117. 
Trials,  nrder  of  procedure,   19, 
22,  23. 


522 


INDEX. 


Trials,  to  be  speedy,  32,  45. 
new,  68,  69. 
new,  in  appeals,  99. 

Vote,  on  several  charges,  16. 
qualifications  for,  28. 
not  allowed  to  persons  under 

process,  39. 
member  of  judicatory  under 

review  not  to,  72. 
member  of  judicatory  may  on 

reference,  80. 
parties  to  complaint  may  not, 

90. 
in  appeals  may  not,  98. 
in  appeals,  99  (5). 

Witnesses,  names  of,  in  specifi- 
cations, 15. 
names  of,  for  accused,  19. 
citations  for,  19. 


Witnesses,  accused  not  to  dis- 
close names  of,  19. 

time  allowed  for  appearance 
of,  21. 

examination  of,  23. 

new,  23. 

competent,  54,  55. 

incompetent,  55. 

credibility  of,  56. 

husband  or  wife  as,  57. 

cliarges  proved  by  one,  58. 

presence  of,  during  testimony, 
59. 

how  to  be  examined,  60. 
oatii  or  affirmation  of,  61. 

questions  to,  record  of,  62. 

answers  of,  record  of,  62. 

commission  to  examine,  65. 

members  of  judicatory  may 
be,  66. 

contumacy  of,  67. 


THE   END. 


Extract  from  the  Minutes  of  the  General 
Assembly  for  1885. 

Beaolved,  That  the  Board  of  Publication  be  directed, 
under  the  direction  of  the  Stated  Clerk,  to  publish  a  pamph- 
let edition  of  the  Revised  Book  of  Discipline,  and  that  the 
said  Board  be  also  directed  to  send  gratuitously  by  mail 
two  copies  of  said  pamphlet  to  every  pastor  and  stated 
supply  upon  the  roll  of  ministers,  and  one  copy  to  every 
unemployed  minister  and  vacant  church,  and  said  pastors 
and  stated  supplies  be  enjoined,  upon  the  reception  of  the 
two  copies  indicated,  to  lay  one  of  them  before  the  session. 


Attest, 


WM.  H.  ROBERTS, 

Stated   Clerk. 


Princeton,  N.  J.,  June  18,  1885. 


Minute  adopted  by  the  General  Assembly  of 
1884  with  Reference  to  the  Committee  on 
THE  Revision  of  the  Book  of  Discipline. 

Tlie  Rev.  Elijah  R.  Craven,  D.  D.,  Chairman  of  the  Com- 
mittee on  the  Revision  of  the  Book  of  Discipline,  asked 
that  the  Committee,  having  performed  the  t;isk  assigned 
it,  be  now  discharged.  The  request  was  granted,  with  the 
unanimous  thanks  of  the  Assembly. 


Extract  from  the  Minutes  of  the  General 
Assembly  of  1880. 

The  Committee  (on  Revision)  consists  of  the  following 
named  persons : 

Ministers. — Elijah  R.  Craven,  Edwin  F.  Hatfield,  Alexan- 
der T.  McGill,  William  E.  Moore,  Nathaniel  West,  Robert 
W.  Patterson,  Francis  L.  Patton. 

Elders. — William  Strong,  Joseph  Allison,  Samuel  M. 
Breckenridge,  Samuel  M.  Moore,  John  T.  Nixon. 


Mmm 


>'-H:''-', 


m^  .■ 


f 


|:.-  ■ -. 


K*. 


